On January 14, 2021 a
PLTFS 1ST AMD PET
was filed
involving a dispute between
and
for REAL PROPERTY, PARTITION
in the District Court of Tarrant County.
Preview
342-322900-21 FILED
TARRANT COUNTY
4/16/2021 4:32 PM
THOMAS A. WILDER
CAUSE NO. 342-322900-21 DISTRICT CLERK
SHERRY ANN DSOUZA, § IN THE DISTRICT COURT OF
Plaintiff §
§
V. §
§
DANIELLE MARIE WOFFORD, § TARRANT COUNTY, TEXAS
Defendant §
§
V. §
§
SAVIO JOSE DSOUZA, §
Third-Party Defendant § 342ND JUDICIAL DISTRICT
PLAINTIFF’S FIRST AMENDED PETITION
FOR PARTITION OF REAL PROPERTY
SHERRY ANN DSOUZA, Plaintiff in the above-styled and numbered cause, files
this, her First Amended Petition for Partition against Defendant DANIELLE MARIE
WOFFORD, and in support of the same would respectfully show unto the Court the
following:
DISCOVERY CONTROL PLAN
1. Plaintiff intends to conduct discovery under Level 2 of the Texas Rules of
Civil Procedure 190.3.
CLAIM FOR RELIEF
2. Plaintiff seeks partition of real property and anticipates monetary relief over
$200,000 but not more than $1,000,000, including damages of any kind, penalties,
court costs, expenses, prejudgment interest, and attorney fees.
PARTIES
3. Plaintiff, Sherry Ann Dsouza, is an individual, residing in Forney, Texas.
PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION OF REAL PROPERTY Page 1
4. Defendant, Danielle Marie Wofford, is an individual who has already
entered an appearance in this cause.
VENUE AND JURISTICTION
5. The Court has subject matter jurisdiction over the lawsuit under Texas
Property Code §23.002 because the real property that is subject of this suit is entirely in
Tarrant County.
FACTS
6. The Plaintiff and Defendant are joint owners in fee simple and the sole
owners of the real property located at 9316 Shoveler Trail, Fort Worth, Texas 76118
("Property").
7. Plaintiff and the Defendant each own an undivided one-half interest in the
Property and, as a result, Plaintiff is entitled to partition of the Property under Texas
Property Code §23.001.
8. The Property is situated in the County of Tarrant and has an estimated value
of $425,063.00.
9. Plaintiff requests the real property be appraised by a certified appraiser.
10. Because the property cannot be equitably partitioned in kind, Plaintiff asks
that the property be sold and the proceeds be divided between the parties after accounting
for any claim of contribution by any owner. Plaintiff further asks that the court adjudge
costs of suit against each party to whom a share has been allocated in proportion to the
value of such share.
11. Plaintiff has paid a disproportionate share of costs and expenses associated
with the house in question. Specifically, she had paid more than fifty percent of the costs
associated with the property at various times during 2021, such as taxes, utilities, and
PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION OF REAL PROPERTY Page 2
lawn care without receiving any pro rata contribution from Defendant. Accordingly, she
has an equitable lien on Defendant’s interest in the Property and sues to enforce the lien
and seeks contribution from Defendant.
PRAYER
Plaintiff requests that the Property be sold and the proceeds thereof be partitioned
among the joint owners as requested in this Petition and as provided by law, that she have
such other and further relief as the Court deems she is entitled.
Respectfully submitted,
BLUMBERG BAGLEY PLLC
by: /s/ Peter F. Bagley
Peter F. Bagley
Texas Bar No. 00783581
peter@blumbergbagley.com
2304 Interstate 20 West, Suite 190
Arlington, Texas 76017
(817) 277-1500
Facsimile (817) 277-1170
ATTORNEYS FOR PLAINTIFF
AND THIRD-PARTY DEFENDANT
CERTIFICATE OF SERVICE
By my signature below, I hereby certify that a true copy of the above and foregoing
Plaintiff’s First Amended Petition for Partition of Real Property was served on all
attorneys of record via electronic service on this 16 thday of April, 2021:
VIA EMAIL: patinoerika80@gmail.com
Erika V. Patino
ERIKA V. PATINO & ASSOCIATES, PLLC
1321 W. Randol Mill Rpad, Suite V103
Arlington, Texas 76012
/s/ Peter F. Bagley
Peter F. Bagley
PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION OF REAL PROPERTY Page 3
Document Filed Date
April 16, 2021
Case Filing Date
January 14, 2021
Category
REAL PROPERTY, PARTITION
Status
MISC. DISMISSAL ETC.
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342-322900-21 FILED TARRANT COUNTY 4/16/2021 4:32 PM THOMAS A. WILDER CAUSE NO. 342-322900-21 DISTRICT CLERK SHERRY ANN DSOUZA, § IN THE DISTRICT COURT OF Plaintiff § § V. § § DANIELLE MARIE WOFFORD, § TARRANT COUNTY, TEXAS Defendant § § V. § § SAVIO JOSE DSOUZA, § Third-Party Defendant § 342ND JUDICIAL DISTRICT PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION OF REAL PROPERTY SHERRY ANN DSOUZA, Plaintiff in the above-styled and numbered cause, files this, her First Amended Petition for Partition against Defendant DANIELLE MARIE WOFFORD, and in support of the same would respectfully show unto the Court the following: DISCOVERY CONTROL PLAN 1. Plaintiff intends to conduct discovery under Level 2 of the Texas Rules of Civil Procedure 190.3. CLAIM FOR RELIEF 2. Plaintiff seeks partition of real property and anticipates monetary relief over $200,000 but not more than $1,000,000, including damages of any kind, penalties, court costs, expenses, prejudgment interest, and attorney fees. PARTIES 3. Plaintiff, Sherry Ann Dsouza, is an individual, residing in Forney, Texas. PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION OF REAL PROPERTY Page 1 4. Defendant, Danielle Marie Wofford, is an individual who has already entered an appearance in this cause. VENUE AND JURISTICTION 5. The Court has subject matter jurisdiction over the lawsuit under Texas Property Code §23.002 because the real property that is subject of this suit is entirely in Tarrant County. FACTS 6. The Plaintiff and Defendant are joint owners in fee simple and the sole owners of the real property located at 9316 Shoveler Trail, Fort Worth, Texas 76118 ("Property"). 7. Plaintiff and the Defendant each own an undivided one-half interest in the Property and, as a result, Plaintiff is entitled to partition of the Property under Texas Property Code §23.001. 8. The Property is situated in the County of Tarrant and has an estimated value of $425,063.00. 9. Plaintiff requests the real property be appraised by a certified appraiser. 10. Because the property cannot be equitably partitioned in kind, Plaintiff asks that the property be sold and the proceeds be divided between the parties after accounting for any claim of contribution by any owner. Plaintiff further asks that the court adjudge costs of suit against each party to whom a share has been allocated in proportion to the value of such share. 11. Plaintiff has paid a disproportionate share of costs and expenses associated with the house in question. Specifically, she had paid more than fifty percent of the costs associated with the property at various times during 2021, such as taxes, utilities, and PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION OF REAL PROPERTY Page 2 lawn care without receiving any pro rata contribution from Defendant. Accordingly, she has an equitable lien on Defendant’s interest in the Property and sues to enforce the lien and seeks contribution from Defendant. PRAYER Plaintiff requests that the Property be sold and the proceeds thereof be partitioned among the joint owners as requested in this Petition and as provided by law, that she have such other and further relief as the Court deems she is entitled. Respectfully submitted, BLUMBERG BAGLEY PLLC by: /s/ Peter F. Bagley Peter F. Bagley Texas Bar No. 00783581 peter@blumbergbagley.com 2304 Interstate 20 West, Suite 190 Arlington, Texas 76017 (817) 277-1500 Facsimile (817) 277-1170 ATTORNEYS FOR PLAINTIFF AND THIRD-PARTY DEFENDANT CERTIFICATE OF SERVICE By my signature below, I hereby certify that a true copy of the above and foregoing Plaintiff’s First Amended Petition for Partition of Real Property was served on all attorneys of record via electronic service on this 16 thday of April, 2021: VIA EMAIL: patinoerika80@gmail.com Erika V. Patino ERIKA V. PATINO & ASSOCIATES, PLLC 1321 W. Randol Mill Rpad, Suite V103 Arlington, Texas 76012 /s/ Peter F. Bagley Peter F. Bagley PLAINTIFF’S FIRST AMENDED PETITION FOR PARTITION OF REAL PROPERTY Page 3